## IN THE COURT O F CRIMINA L A PPEA LS OF TEXAS NO. WR-83,252-02

EX P ARTE ROBERT DION WILLIAMS, App licant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 1099166 IN THE 183RD DIST RICT COURT

F ROM HARRIS COUNTY
Per curiam . O R D E R Pursuant to the provisions of Ar t i cl e 1 1
. 07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of ca pital murder and sentenc ed to life imprisonment. The First Court of Appea ls aff irmed his conviction. W

illiams

v. State , No. 01-09-00971- CR (Tex. App. — Houston [1 Dist.] Dec ember 16, 2010) (not designated st for publication). The trial court rec om m en d s that this application be dismiss ed as non-compliant, beca use Applicant has inserted additional pag es into the habea s form in support of eac h g round for revie w.Whil e the insertion of additional pag es might rende r a habea s application non-compl ia n t if filed now, when Applicant filed hi s application in the t rial court in 2012, it was in compliance w ith the form require ments of Rule 73.1 of the Te x as Rules of Appe llate Proce dure. Applicant contends, among other things, that his trial couns e l r e n d e re d in e f f e c ti ve assistance 1 beca use counsel failed to adequately investigate, interview or call favor able witnesses, or allow Applicant to testify

on his own behalf. Applicant has alleg ed fac ts that, if true, might entitle him to relief
. Strickland v. W

ashington , 466 U.S. 668 (1984); Ex parte Patterson , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999). In these circ umstances, additional fac ts are neede d. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for finding s of fac t. The trial court shall order trial counsel to respond to Applicant’s claims of ineff ec t i v e as sistance of counsel. Specifica lly , trial counsel sha ll describe the investigation he perf ormed in this case
. Trial counse l shall state whether he attempted to subpoena telephone rec ords or cell phone tower rec ords from the victim’ s telephone, the victim’s g irlfriend’ s telephone, and Applicant’s cell phone. Trial counsel shall state whether he interviewe d Henri et t a Da vis and J eff ery J ohnson, and if so, whether they would have been available and willing to testify favor ably as to Applicant’s alibi. Trial counsel shall state whether Applicant was advised that the decision of whether or not to testify on his own behalf was his own, and if so, whether Applicant indicate d that he wa nted to testify
. The trial court may
use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d). In the appropriate case , the trial court may rely on its personal re collection. Id
. I f the trial cour

t elects to hold a he aring , it shall determine whe ther Applica nt is indige nt. I f Applicant is indige nt and wishes to be repr esente d by counsel, the trial co u rt s hall appoint an This Court has considere d Applicant’s other claims and finds them to be w ithout merit. 1attorney

to repre sent Applicant at the hearing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shal l m ak e finding s of fac t and conclusions of law as to whether the perf ormanc e of Applicant’s trial counsel was defic ient and, if so, whether co u n s el’s defic ient perf ormanc e prejudice d Applicant. The trial court shall also m ake any other finding s of fac t and conclusions of law that it deems rele vant and appropriate to the dispositi on of Applicant’s claim for habea s corpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of this order
. A supplement al t ra n s cr i pt containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to this Court withi n 120 day s of the date of this order
. Any extensions of ti me shall be obtained f

rom this Court.
Filed: August 26, 2015 Do not publish